× Members

ESA stopped need advice

  • ken
  • Topic Author
11 years 2 months ago - 11 years 2 months ago #97473 by ken
ESA stopped need advice was created by ken
hi,

i have had my contribution based esa stopped.the dsa never sent me a reminder and application form to fill in they just said that when my esa started 12 months ago i was told and that i should remember to reapply-a bit harsh i think given that i have severe mental health and physical health conditions that mean i can't remember things AND they knew that!

i will be moved onto income related esa. i receive a private works pension of £224.38 per month ,dss have told me that this will be taken into account and affect my esa amounts payable.

will this mean my new esa allowance will have have the full amount of £224.38 deducted from it or will i lose more? or will i only lose a percentage of my esa related to the private pension?

another question when i apply and get onto the support related esa, which i know i can,because i now meet the criterea-will the support related esa be backdated to when my contribution based esa was stopped,so that my works pension will not taken into account and i will not lose anything?

still another question! i have been told that i will not get any money for about 3 weeks THEN it will be at a lower rate until i am medically assessed or something,which may take about 3 months,how much less will i get (if anyone can say) and will i get it back dated once they realise that i'm entitled to be on support related esa?

thanks,

regards,

ken
Last edit: 11 years 2 months ago by .

Please Log in or Create an account to join the conversation.

11 years 2 months ago - 11 years 2 months ago #97482 by
Replied by on topic ESA stopped need advice

ken wrote: hi,

i have had my contribution based esa stopped.the dsa never sent me a reminder and application form to fill in they just said that when my esa started 12 months ago i was told and that i should remember to reapply-a bit harsh i think given that i have severe mental health and physical health conditions that mean i can't remember things AND they knew that!

i will be moved onto income related esa. i receive a private works pension of £224.38 per month ,dss have told me that this will be taken into account and affect my esa amounts payable.

will this mean my new esa allowance will have have the full amount of £224.38 deducted from it or will i lose more? or will i only lose a percentage of my esa related to the private pension?

another question when i apply and get onto the support related esa, which i know i can,because i now meet the criterea-will the support related esa be backdated to when my contribution based esa was stopped,so that my works pension will not taken into account and i will not lose anything?

still another question! i have been told that i will not get any money for about 3 weeks THEN it will be at a lower rate until i am medically assessed or something,which may take about 3 months,how much less will i get (if anyone can say) and will i get it back dated once they realise that i'm entitled to be on support related esa?

thanks,

regards,

ken


Hi k,

I assume that your payments of Contribution Based (CB) ESA have ceased as you have exhausted your 365 days entitlement to payment : 12 Month Limit for ESA(CB)

About 8 weeks before your payments are coming to an end, the DWP did state that they would write to people and remind them and invite them to apply for Income Related (IR) ESA by filling in an ESA3 Form. See sample : ESA 3 Form

&

12 Month Limit for ESA(CB) – Implementation

To be entitled to IR ESA, you will have to pass a "Means Test" with regards to your houshold income, which would include any Occupational Pension payments that you were in receipt of.
If your houshold income is in excess of the stipulated amount allowed pertaining to your personal circumstance, then you would not receive any IR ESA.

Further, if you have capital, savings or assets in excess of £16,000, you would not be entitled to any payments of IR ESA. You are allowed £6000, without any deductions, between £6000 and £16,000, £1/week is deducted for each £250 in excess. e.g. £10,000 capital, assets or savings, gives £4000 in excess of the £6000, £4000 devided by £250 = 16, 16 x £1 = £16/ week deduction, etc, etc.

With respect to your question regarding IR ESA in the Support Group, in your circumstances, as I understand them, if you managed to gain entry to The SG, as the result of an ESA reassessment, or due to you requesting a supersession as a result of a deterioration in your condition, or developing new conditions, then your CB ESA payments would be reinstated for as long as you stayed in The SG. This is only applicable if you keep a "Live" ESA claim, (even if payment has ceased, and you are getting NI Credits only) and a continuous assessment of having LCW, (WRAG).

If non of the above applies, then the only way that you would again be entitled to payment of CB ESA, would be to gain the necessary NI Contributions through employment.

You may wish to do a quick check on this : Benefits Calculator

Or you may wish to seek face to face advice : Where to get advice?

I don't fully understand your last paragraph ?

bro58
Last edit: 11 years 2 months ago by .

Please Log in or Create an account to join the conversation.

More
11 years 2 months ago #97511 by slugsta
Replied by slugsta on topic ESA stopped need advice
Ken, you said "another question when i apply and get onto the support related esa, which i know i can, because i now meet the criterea". This has confused me a little. Do you mean that your ESA is due for reassessment and you expect to get into the Support Group this time round?

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.